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Justinian I · The Digest of Justinian §38.1.30.pr-38.1.30.1

Equitable Determination of Services and Ante-Nuptial Debts

Passage 5915 of 9271 · Latin

Summary

The text discusses how a patron's determination of services sworn by a freedman is valid only if equitable, and that an action for services is granted against a freedwoman married with her patron's consent only for services due before the marriage.

[CELSUS libro duodecimo digestorum. ] §38.1.30.prSi libertus ita iurauerit dare se, quot operas patronus arbitratus sit, non aliter ratum fore arbitrium patroni, quam si aequum arbitratus sit.
[CELSUS, in his twelfth book of the Digests.] If a freedman has sworn to give as many days of service as the patron has determined, the determination of the patron will not be valid unless he has made an equitable determination.
et fere ea mens est personam arbitrio substituentium, ut, quia sperent eum recte arbitraturum, id faciant, non quia uel immodice obligari uelint.
And generally, the intention of those who subject a person to another's arbitration is that they do so because they hope he will arbitrate rightly, not because they wish to be bound even immoderately.
§38.1.30.1In libertam, quae uoluntate patroni nupsit, praeteritarum ante nuptias operarum actio datur.
Against a freedwoman who married with the consent of her patron, an action is granted for services that were past due before the marriage.

Notes

  1. §38.1.30.prratum fore — This is an accusative with infinitive construction in indirect speech expressing the jurist's opinion, where "arbitrium patroni" is the subject and "ratum fore" (future infinitive, equivalent to "ratum futurum esse") is the predicate.
  2. §38.1.30.prpersonam arbitrio substituentium — "substituentium" is the genitive plural of the present participle of "substituere" (to substitute, place), used substantively to modify "mens". "personam" is its direct object, and "arbitrio" is a dative ("for/to arbitration"), meaning "of those who subject a person to arbitration."
  3. §38.1.30.1praeteritarum ante nuptias operarum — "praeteritarum" is the genitive plural of the perfect participle of the intransitive verb "praeterire" (to pass by, elapse), modifying "operarum". It refers to services that were due but remained unperformed ("passed by") before the marriage.

Cite this passage

Justinian I, The Digest of Justinian §38.1.30.pr-38.1.30.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:38.1.30.pr-38.1.30.1

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